Death Penalty in America, Legal Studies 485, Spring 2003


03-25-03

 

Class discussion questions:  McClesky v. Kemp

 

  1. What was the Baldus study and what did it show?  (p. 254-255)  According to the Court, what didn’t it show?

 

  1. Why did the Court reject McClesky’s argument based on the Equal Protection Clause of the 14th Amendment?  (Part II of decision)  What is “discriminatory purpose”?  (p. 256, last paragraph)

 

  1. The Court says that “discretion is essential to the criminal justice process.”  (p. 258, top paragraph)  What does the Court mean?  Do you agree or disagree with this statement?  Can we ensure that discretion will always be exercised in a non-discriminatory manner?  Does it matter?

 

  1. Why does the Court reject McClesky’s argument based on the Eighth Amendment?  (Part III of the decision)  Why does the Court say that statistics cannot prove that the death penalty is being implemented in an arbitrary and capricious manner?

 

  1. The Court says that “apparent disparities in sentencing are an inevitable part of our criminal justice system.”  (p. 260, 1st paragraph after C AND Footnote 15, p. 265)  What does the Court mean?  Do you agree with this statement, e.g. that it is “inevitable”?  Is this acceptable to you?

 

  1. The Court says that “McClesky’s claim, taken to its logical conclusion throws into serious questions the principles that underlie our entire criminal justice system.”  What does the Court mean here.  Do you agree with the Court?  How important is this point to the outcome of the case?  (p. 260, 1st paragraph after V)


 

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